Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor violates accepted medical procedures and causes injury or death, they could be held liable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as being reasonable and prudent in providing treatment. If these standards aren't followed and medical malpractice attorney the result is injuries or health problems the patient may be able to file a medical malpractice lawsuit.

The first element of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person was bound to act reasonably. Then, you have to prove that the breach of this duty occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the situation.

The expert witness will determine if the defendant's actions are in violation of the standard of care that is accepted in your particular case. To enable the expert to arrive at this conclusion they must be able to look over your medical malpractice lawyers records and conduct an examination or interview with you.

You also need to establish that the breach of duty directly caused you to experience injuries. Causation is the third factor in a malpractice claim. In the majority of cases, you will require a direct cause and result connection between the breach of duty and the subsequent injury. A misdiagnosis for instance may result in the wrong medication being prescribed or treatment being administered. This in turn can cause an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to act with care and prudence. Doctors are held to higher standards, however, because they are medical experts and can make life-or-death decisions. The obligation of care is found in laws and standards for medical malpractice attorney specific kinds of treatments and procedures.

One of the first things that must be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be proven that the defendant violated the duty of care. This means that the doctor did not meet the standards of care in the particular situation. The standard of care is usually determined by what a typical person would do under the same situation. A reasonable driver, for example, would not run an intersection at a stoplight.

In a case of malpractice, experts are usually needed to testify on the standard of care and the manner in which it was breached. They can also describe the cause of the injury and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney will establish medically required costs by looking over your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days that you missed from work due to medical issues, and that these days were a result of the negligence of the defendant.

Non-economic damages are more difficult to prove. You may need assistance from a professional witness who can explain your physical, mental, and emotional suffering as a direct result of the defendant's negligence. Loss in consortium is another type of non-economic injury. This is the inability to enjoy a loving, sexual relationship with your spouse or any other significant person in the same way you used to. The defendant's lawyer will challenge your non-economic damages through the use of interrogatories, depositions, along with requests for documents and sworn testimony.

Statute of Limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes of limitations - within which a medical negligence lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be aware of the nuances of these deadlines and will ensure that your claim is filed within the deadlines set by law.

In most cases, the victim of medical negligence is required to make a claim within two-and-a-half years of the date that the act or omission of medical professionals caused the death or injury. However like all laws there are a few exceptions to this rule. For instance, if the error made by the health care professional was part of a continuous course of treatment, the 30-month legally required "clock" will not start until the course of treatment is complete or the patient becomes aware of the diagnosis.

Additionally, in certain situations for instance, when the foreign object remains in the body following surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. For this reason, most states have adopted the legal concept of discovery rule that permits injured victims to extend deadlines in certain circumstances. Your lawyer will be familiar with the laws of your state and will go over your case's timeline carefully to avoid administrative mistakes that can derail your claims.